FDA Announces Intent to Extend Compliance Date for Nutrition Labeling

On June 13th, FDA’s Office of Nutrition and Food Labeling “announced” that it intends to extend the compliance date for the new Nutrition Facts requirements. As we previously reported, FDA received several citizen petitions requesting an extension of the compliance date. In addition, some in the industry had sought to delay the compliance date to coincide with the regulations (yet to be developed) for GMO (Genetically Modified Organism) labeling. Although the announcement may not have been a surprise, the way it was delivered was highly unusual. There was no press release or Federal Register announcement. Instead the “announcement” was included on the webpage on Changes to the Nutrition Facts Label.

FDA states that, based on feedback from industry and consumer groups regarding the compliance date, the Agency “determined that additional time would provide manufacturers covered by the rule with necessary guidance from FDA, and would help them be able to complete and print updated nutrition facts panels for their products before they are expected to be in compliance.” FDA’s announcement is limited as it only states FDA’s intent to extend the compliance date. How long the compliance date will be extended and whether FDA also will reconsider certain aspects of the regulation (e.g., the dietary fiber definition) are unknown. FDA will provide details on the extension through a Federal Register Notice at a later time.